The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-02-10
Col. George CAN'T

rose to address the Jury Immediately
on Mr.. Lehman taking his seat. The
gentleman began by paintinga picture
OF home, with the happy family all
dwelling in contentment, and spoke OF
the father and mother with the chill
dren gathered about them, and how
dear home was to every man. Then he
reversed the picture, with the home
made desolate by the destroying band
OF the slandersr. "But coming back
to This case" said he, my learned
brother says he did not 90 outside OF
the record. l am not going to crlti-
else him. ! may get outside myself,
He tells you that he tried to keep out
come OF our proof. OF course he did,
and would h We been glad to have
kept II all out, but he says the civil
lied and learned Judge let II IN. Yes,
and thank God for a civilized Judge
who would let In proof that uncivil-
izsd counsel would deprive us Of
The gent eman sneered at the
doctrine Of momentary insan-
ity. sneered at emotional in
sanity and uncomfortable impulse
/ hold In my hand, II your Honor
please, that greatest of all authors,
Chief Justice Shaw. We come to his
reasoning, and read therefrom like
viewing the milky way OF the
heavens. The light he sheds upon
these questions is painful 10 the eyes
OF my learned brother, and he sneers
at Il, but I think the reputation OF
Justics Shaw will remain like mon
ument for the admiration Of genera
tons to come, when my learned
brothers sneers will have faded from
the memory OF man.
The Colonel then read what Chief
Justice Shaw and great many others
said about this vexed question, FREE
quently etopping to show wherein the
doctrines were directly applicable to
the case on trial.
My learned brother says he would
not read from doctors books, but II
he had a pain under his vest he would
hollow foI doctor as loud rs he could,
and he would hollow and sweat until
the doctor came. He repudiates the
idea Of hereditary predisposltions
10 emotional or momentary insanity.
The tar on his heal holds him too
close TO his North Carolina doctrine.
Tell me II God Himself has made q
IN an subject to all OF these nervous
troubles, transmitted to him through
generations for whom he was not re
sponsible, but by the hand Of God
rendered incapable to resist the mad.
dening influence, brought upon him
by the act Of the traitor, and then tell
me you will hang the man who Is
driven by theee powers beyond his
control. The gentleman comments
very severely on the neuralgia, head
aches and nervousness OF this family,
but the doctor, who are supposed to
know q great deal more about these
things than we do, tell us that they
are hereditary and predisposo party
to insanity in fact, chorea, which is
only aggravated headache, is a species
OF ins lnity itself-it makes a man do
that which he would not; he tries to
put his hand here and puts it there
instead; he tries to move his foot and
20 this way, but moves the wrong
foot and goes the other way. Then
who Is going to convict this boy for
being driven to do what any
man on that jury would have done,
aad yes, Mr.. Attorney General, you
would have. done it, and You know
you would, But, gentlemen OF the
jury, II you were weighing money; II
you we're weighing the wealth of Jay
Gould, how would you do it2 You
mould AA,t 10 In Na ~ xxytNh Nha
preponderance Of evidence. Bat, oh
when you come to weigh human
hearts; when You come to weigh hui
man liberty; when you put that in
the one scale and the testimony in the
other, are you going to decide on pre-
pondTance OF evidence, or are you
going to give the defendant the benefit
Of reasonable doubt, and require the
measure fix I'd by law before you con-
vict fellow crsature2 This is all l
ask; the law says he is EMIT ed to it,
and l insi upon it with all the ear.
nestness Of my nature. Look at the
home OF this happy family. The
daughter mRrries and leaves home !;
the fathers heart, the mothers heart
yearn for the presence OF the
daughter again; they send for
her to come back to the pa
rental roof; to gather again with
them at the family Preside they come,
Another family arrives and settles
alongside OF them. The father Of this
last family is taken sick; the Godwins
visit item the Godwins administer to
their wants; they nurse the old man
in sickness and help to bury him
when dead. Then the son is taken
sick; Tom Dalton is sick, and they 90
to him as they had done to the father,
actu ated by that Christian impulse
that hiss Characterised the family for
gene at ons; they send him little deli
ca iss such az they think q sick man
would relish. Then one dark night
this woman, this wicked woman, this
W man upon whom such q relentless
war hes been wsged, goes for doctors
the becomes interested in the sick
mao and what more natural f--aud
by this means the two families become
intimate, visiting begins. and the two